A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
Court:
‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel
A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.
Debtor Granted Absolution for a 10-Day Delay in Serving a $40 Million Preference Suit
Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.
Comparative Fault Doesn’t Require Reduced Attorneys’ Fees for Discharge Violations
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.
Court:
Mock Hearing on Plan Feasibility
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Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
Court:
Financing the Case: Recent Developments in DIP and Exit Financing
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Receipts Required: What Flies — and What Fails — as Evidence in Chapter 11
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Supreme Court Grants ‘Cert’ in a Bankruptcy Case on Rule 60(b)(4)
Coney Island is a bankruptcy case, but the question is whether there is a time limit for a Rule 60(b)(4) motion to set aside a judgment for lack of personal jurisdiction over the defendant.
Court: